BILL NUMBER: SB 1943	CHAPTERED  09/18/00

	CHAPTER   481
	FILED WITH SECRETARY OF STATE   SEPTEMBER 18, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 16, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 8, 2000
	AMENDED IN SENATE   APRIL 25, 2000
	AMENDED IN SENATE   APRIL 3, 2000

INTRODUCED BY   Senator Ortiz

                        FEBRUARY 24, 2000

   An act to amend Section 16373 of the Government Code, and to amend
Sections 730.6, 1714, 1752.81, 1764.2, and 1767 of the Welfare and
Institutions Code, relating to youthful offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1943, Ortiz.  Youthful offenders.
   (1) Existing law provides for the forfeiture of unclaimed money of
$5 or less in a prison inmate's trust account after he or she has
been paroled to the Inmate Welfare Fund.
   This bill would provide for the forfeiture of unclaimed money of
$5 or less in a youthful offender's trust account after discharge,
escape, or absconding from supervision of the Department of the Youth
Authority to the Benefit Fund to be used for the benefit of the
resident wards.
   (2) Existing law requires certain restitution orders, issued as a
result of a minor's conduct, to be of a dollar amount sufficient to
reimburse the victim or victims, as specified.
   This bill would require those restitution orders to identify each
victim, unless the court for good cause finds the order should not
identify a victim or victims and the amount of each victim's loss;
or, if the amount of restitution is unknown at the time of
disposition, would require the court order to identify the victims,
unless the court for good cause finds the order should not identify a
victim or victims, and state that the amount of restitution is to be
determined.  The bill would also require restitution orders to
identify co-offenders who are jointly and severally liable for
restitution.
   (3) Existing law expresses the intent of the Legislature that the
Youthful Offender Parole Board and the Director of the Youth
Authority meet at least 4 times a year, as specified.
   This bill would specify, instead, that they meet at least twice a
year.
   (4) Existing law requires the Director of the Youth Authority to
deduct the balance owing on specified restitution orders from a ward'
s trust account up to a maximum of 50% of the total held in trust,
unless prohibited by federal law.
   This bill would revise the restitution orders specified to which
this provision applies.  The bill would also require trust funds of a
ward who cannot be located to be used to satisfy pending restitution
orders of fines, as specified, and would require the remainder, if
any, to be transferred to the Benefit Fund to be used for the benefit
of the resident wards.
   (5) Existing law authorizes the release to a victim or next of kin
of specified information regarding a youthful offender committed to
the Department of the Youth Authority for certain offenses.  This
bill would expand this provision to apply to further, specified
offenses.
   (6) Existing law authorizes a victim or his or her representative,
or the victim's next of kin or his or her representative to attend a
youthful offender parole hearing.
   This bill would, instead, authorize the victim and one support
person to attend.  In the event that the victim is unable to attend
the proceeding, 2 support persons designated by the victim may attend
to provide information about the impact of the crime on the victim,
or if the victim is no longer living, 2 members of the victim's
immediate family may attend.  The bill would also specify that
support persons are restricted to providing information about the
impact of the crime on the victim and providing physical and
emotional support to the victim or the victim's family.  The bill
would also authorize the Department of the Youth Authority to exclude
a victim or his or her support person or persons from a hearing, and
would authorize the board to allow the presence of other support
persons under particular circumstances surrounding the proceeding.
   (7) The bill would amend a provision of law added by an initiative
measure which by its terms requires a 2/3 vote of each house for
amendment by the Legislature.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 16373 of the Government Code is amended to
read:
   16373.  (a) Money that has remained unclaimed in the hands of any
state agency, or for which the claimant cannot be found, may be
deposited in the Special Deposit Fund in trust and may be withdrawn
in the same manner as other trust money.  Unclaimed money of five
dollars ($5) or less in an inmate's trust account after he or she has
been paroled shall be forfeited, and deposited in the Inmate Welfare
Fund of the Department of Corrections in the State Treasury.
   (b) When the Director of the Youth Authority has in his or her
possession trust account money of an offender committed to or housed
in the Department of the Youth Authority, any unclaimed offender
trust account money of five dollars ($5) or less shall be forfeited
on the date of discharge, or one year from the date of escape or
absconding from the Department of the Youth Authority supervision,
and shall be deposited in the Benefit Fund to be expended pursuant to
Section 1752.5 of the Welfare and Institutions Code.
  SEC. 2.  Section 730.6 of the Welfare and Institutions Code is
amended to read:
   730.6.  (a) (1) It is the intent of the Legislature that a victim
of conduct for which a minor is found to be a person described in
Section 602 who incurs any economic loss as a result of the minor's
conduct shall receive restitution directly from that minor.
   (2) Upon a minor being found to be a person described in Section
602, the court shall consider levying a fine in accordance with
Section 730.5.  In addition, the court shall order the minor to pay,
in addition to any other penalty provided or imposed under the law,
both of the following:
   (A) A restitution fine in accordance with subdivision (b).
   (B) Restitution to the victim or victims, if any, in accordance
with subdivision (h).
   (b) In every case where a minor is found to be a person described
in Section 602, the court shall impose a separate and additional
restitution fine.  The restitution fine shall be set at the
discretion of the court and commensurate with the seriousness of the
offense as follows:
   (1) If the minor is found to be a person described in Section 602
by reason of the commission of one or more felony offenses, the
restitution fine shall not be less than one hundred dollars ($100)
and not more than one thousand dollars ($1,000).  A separate hearing
for the fine shall not be required.
   (2) If the minor is found to be a person described in Section 602
by reason of the commission of one or more misdemeanor offenses, the
restitution fine shall not exceed one hundred dollars ($100).  A
separate hearing for the fine shall not be required.
   (c) The restitution fine shall be in addition to any other
disposition or fine imposed and shall be imposed regardless of the
minor's inability to pay.  This fine shall be deposited in the
Restitution Fund, the proceeds of which shall be distributed pursuant
to Section 13967 of the Government Code.
   (d) (1) In setting the amount of the fine pursuant to subparagraph
(A) of paragraph (2) of subdivision (a), the court shall consider
any relevant factors including, but not limited to, the minor's
ability to pay, the seriousness and gravity of the offense and the
circumstances of its commission, any economic gain derived by the
minor as a result of the offense, and the extent to which others
suffered losses as a result of the offense.  The losses may include
pecuniary losses to the victim or his or her dependents as well as
intangible losses such as psychological harm caused by the offense.
   (2) The consideration of a minor's ability to pay may include his
or her future earning capacity.  A minor shall bear the burden of
demonstrating a lack of his or her ability to pay.
   (e) Express findings of the court as to the factors bearing on the
amount of the fine shall not be required.
   (f) Except as provided in subdivision (g), under no circumstances
shall the court fail to impose the separate and additional
restitution fine required by subparagraph (A) of paragraph (2) of
subdivision (a).  This fine shall not be subject to penalty
assessments pursuant to Section 1464 of the Penal Code.
   (g) In a case in which the minor is a person described in Section
602 by reason of having committed a felony offense, if the court
finds that there are compelling and extraordinary reasons, the court
may waive imposition of the restitution fine required by subparagraph
(A) of paragraph (2) of subdivision (a).  When a waiver is granted,
the court shall state on the record all reasons supporting the
waiver.
   (h) Restitution ordered pursuant to subparagraph (B) of paragraph
(2) of subdivision (a) shall be imposed in the amount of the losses,
as determined. The court shall order full restitution unless it finds
compelling and extraordinary reasons for not doing so, and states
them on the record.  A minor's inability to pay shall not be
considered a compelling or extraordinary reason not to impose a
restitution order, nor shall inability to pay be a consideration in
determining the amount of the restitution order.  A restitution order
pursuant to subparagraph (B) of paragraph (2) of subdivision (a), to
the extent possible, shall identify each victim, unless the court
for good cause finds that the order should not identify a victim or
victims, and the amount of each victim's loss to which it pertains,
and shall be of a dollar amount sufficient to fully reimburse the
victim or victims for all determined economic losses incurred as the
result of the minor's conduct for which the minor was found to be a
person described in Section 602, including all of the following:
   (1) Full or partial payment for the value of stolen or damaged
property.  The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
   (2) Medical expenses.
   (3) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor.
   (4) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution.
   A minor shall have the right to a hearing before a judge to
dispute the determination of the amount of restitution.  The court
may modify the amount on its own motion or on the motion of the
district attorney, the victim or victims, or the minor.  If a motion
is made for modification of a restitution order, the victim shall be
notified of that motion at least 10 days prior to the hearing on the
motion.  When the amount of victim restitution is not known at the
time of disposition, the court order shall identify the victim or
victims, unless the court finds for good cause that the order should
not identify a victim or victims, and state that the amount of
restitution for each victim is to be determined.  When feasible, the
court shall also identify on the court order, any cooffenders who are
jointly and severally liable for victim restitution.
   (i) A restitution order imposed pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) shall identify the losses to which
it pertains, and shall be enforceable as a civil judgment pursuant to
subdivision (r).  The making of a restitution order pursuant to this
subdivision shall not affect the right of a victim to recovery from
the Restitution Fund in the manner provided elsewhere, except to the
extent that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the
minor or the minor's parent or guardian arising out of the offense
for which the minor was found to be a person described in Section
602.  Restitution payments made pursuant to this subdivision shall be
made to the Restitution Fund to the extent that the victim, as
defined in subdivision (j), has received assistance pursuant to
Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of
Division 3 of Title 2 of the Government Code.
   (j) For purposes of this section, "victim" shall include the
immediate surviving family of the actual victim.
   (k) Nothing in this section shall prevent a court from ordering
restitution to any corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity when that entity is a direct victim of an offense.

   (l) Upon a minor being found to be a person described in Section
602, the court shall require as a condition of probation the payment
of restitution fines and orders imposed under this section.  Any
portion of a restitution order that remains unsatisfied after a minor
is no longer on probation shall continue to be enforceable by a
victim pursuant to subdivision (r) until the obligation is satisfied
in full.
   (m) Probation shall not be revoked for failure of a person to make
restitution pursuant to this section as a condition of probation
unless the court determines that the person has willfully failed to
pay or failed to make sufficient bona fide efforts to legally acquire
the resources to pay.
   (n) If the court finds and states on the record compelling and
extraordinary reasons why restitution should not be required as
provided in paragraph (2) of subdivision (a), the court shall order,
as a condition of probation, that the minor perform specified
community service.
   (o) The court may avoid ordering community service as a condition
of probation only if it finds and states on the record compelling and
extraordinary reasons not to order community service in addition to
the finding that restitution pursuant to paragraph (2) of subdivision
(a) should not be required.
   (p) When a minor is committed to the Department of the Youth
Authority, the court shall order restitution to be paid to the victim
or victims, if any.  Payment of restitution to the victim or victims
pursuant to this subdivision shall take priority in time over
payment of any other restitution fine imposed pursuant to this
section.
   (q) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
   (r) If the judgment is for a restitution fine ordered pursuant to
subparagraph (A) of paragraph (2) of subdivision (a), or a
restitution order imposed pursuant to subparagraph (B) of paragraph
(2) of subdivision (a), the judgment may be enforced in the manner
provided in Section 1214 of the Penal Code.
  SEC. 3.  Section 1714 of the Welfare and Institutions Code is
amended to read:
   1714.  (a) It is the intention of the Legislature that the
Youthful Offender Parole Board and the Director of the Youth
Authority shall cooperate with each other in the establishment of the
classification, transfer, discipline, training, and treatment
policies of the Department of the Youth Authority, to the end that
the objectives of the state youth correctional system can best be
attained.  The director and the board shall, not less than two times
each calendar year, meet for the purpose of discussion of
classification, transfer, discipline, training, and treatment
policies and problems, and for the purpose of discussion of policies
relating to the functions and duties of the board, and it is the
intent of the Legislature that whenever possible there shall be
agreement on these subjects.  However, in order to maintain
responsibility for the secure and orderly administration of the Youth
Authority, the Director of the Youth Authority shall have the final
right to determine the policies on classification, transfer,
discipline, training and treatment, and the board shall have the
final right to determine the policies on its duties and functions.
   (b) The Director of the Youth Authority may transfer persons
confined in one institution or facility of the Department of the
Youth Authority to another.  The Youthful Offender Parole Board may
request the director to transfer a person who is under the
jurisdiction of the department pursuant to Section 1731.5 if, after
review of the case history in the course of routine procedures, such
transfer is deemed advisable for the further diagnosis and treatment
of the ward.  The director shall as soon as practicable comply with
such request, provided that, if facilities are not available he or
she shall report that fact to the board and shall make the transfer
as soon as facilities become available; provided further, that if in
the opinion of the director such transfer would endanger security he
or she may report that fact to the board and refuse to make such
transfer.
  SEC. 4.  Section 1752.81 of the Welfare and Institutions Code is
amended to read:
   1752.81.  (a) Whenever the Director of the Youth Authority has in
his or her possession in trust funds of a ward committed to the
authority, the funds may be released for any purpose when authorized
by the ward.  When the sum held in trust for any ward by the Director
of the Youth Authority exceeds five hundred dollars ($500), the
amount in excess of five hundred dollars ($500) may be expended by
the director pursuant to a lawful order of a court directing payment
of the funds, without the authorization of the ward thereto.
   (b) Whenever an adult or minor is committed to or housed in a
Youth Authority facility and he or she owes a restitution fine
imposed pursuant to Section 13967 of the Government Code, as
operative on or before September 28, 1994, or Section 1202.4 or
1203.04 of the Penal Code, as operative on or before August 2, 1995,
or pursuant to Section 729.6, 730.6 or 731.1, as operative on or
before August 2, 1995, the Director of the Youth Authority shall
deduct the balance owing on the fine amount from the trust account
deposits of a ward, up to a maximum of 50 percent of the total amount
held in trust, unless prohibited by federal law.  The director shall
transfer that amount to the State Board of Control for deposit in
the Restitution Fund in the State Treasury.  Any amount so deducted
shall be credited against the amount owing on the fine.  The
sentencing court shall be provided a record of the payments.
   (c) Whenever an adult or minor is committed to, or housed in, a
Youth Authority facility and he or she owes restitution to a victim
imposed pursuant to Section 13967 of the Government Code, as
operative on or before September 28, 1994, or Section 1202.4 or
1203.04 of the Penal Code, as operative on or before August 2, 1995,
or pursuant to Section 729.6, 730.6, or 731.1, as operative on or
before August 2, 1995, the Director of the Youth Authority shall
deduct the balance owing on the order amount from the trust account
deposits of a ward, up to a maximum of 50 percent of the total amount
held in trust, unless prohibited by federal law.  The director shall
transfer that amount directly to the victim.  If the restitution is
owed to a person who has filed an application with the Victims of
Crime Program, the director shall transfer that amount to the State
Board of Control for direct payment to the victim or payment shall be
made to the Restitution Fund to the extent that the victim has
received assistance pursuant to that program.  The sentencing court
shall be provided a record of the payments made to victims and of the
payments deposited to the Restitution Fund pursuant to this
subdivision.
   (d) Any compensatory or punitive damages awarded by trial or
settlement to a minor or adult committed to the Department of the
Youth Authority in connection with a civil action brought against any
federal, state, or local jail or correctional facility, or any
official or agent thereof, shall be paid directly, after payment of
reasonable attorney's fees and litigation costs approved by the
court, to satisfy any outstanding restitution orders or restitution
fines against the minor or adult.  The balance of any award shall be
forwarded to the minor or adult committed to the Department of the
Youth Authority after full payment of all outstanding restitution
orders and restitution fines subject to subdivision (e).  The
Department of the Youth Authority shall make all reasonable efforts
to notify the victims of the crime for which the minor or adult was
committed concerning the pending payment of any compensatory or
punitive damages.  This subdivision shall apply to cases settled or
awarded on or after April 26, 1996, pursuant to Sections 807 and 808
of the federal Prison Litigation Reform Act of 1995 (Title 8, P.L.
104-134).
   (e) The director shall deduct and retain from the trust account
deposits of a ward, unless prohibited by federal law, an
administrative fee that totals 10 percent of any amount transferred
pursuant to subdivision (b) and (c), or 5 percent of any amount
transferred pursuant to subdivision (d).  The director shall deposit
the administrative fee moneys in a special deposit account for
reimbursing administrative and support costs of the restitution and
victims program of the Department of the Youth Authority.  The
director, at his or her discretion, may retain any excess funds in
the special deposit account for future reimbursement of the
department's administrative and support costs for the restitution and
victims program or may transfer all or part of the excess funds for
deposit in the Restitution Fund.
   (f) When a ward has both a restitution fine and a restitution
order from the sentencing court, the Department of the Youth
Authority shall collect the restitution order first pursuant to
subdivision (c).
   (g) Notwithstanding subdivisions (a), (b), and (c), whenever the
Director of the Youth Authority holds in trust a ward's funds in
excess of five dollars ($5) and the ward cannot be located, after one
year from the date of discharge, absconding from the Department of
the Youth Authority supervision, or escape, the Department of the
Youth Authority shall apply the trust account balance to any
unsatisfied victim restitution order or fine owed by that ward.  If
the victim restitution order or fine has been satisfied, the
remainder of the ward's trust account balance, if any, shall be
transferred to the Benefit Fund to be expended pursuant to Section
1752.5.  If the victim to whom a particular ward owes restitution
cannot be located, the money shall be transferred to the Benefit Fund
to be expended pursuant to Section 1752.5.
  SEC. 5.  Section 1764.2 of the Welfare and Institutions Code is
amended to read:
   1764.2.  (a) Notwithstanding any other provision of law, the
director or the director's designee shall release the information
described in Section 1764 regarding a person committed to the Youth
Authority for an offense described in subdivision (a) of Section 676,
or an offense described in Section 273.5, 288, or 646.9 of the Penal
Code, to the victim of the offense, the next of kin of the victim,
or his or her representative as designated by the victim or next of
kin pursuant to Section 1767, upon request, unless the court has
ordered confidentiality under subdivision (c) of Section 676.  The
victim or the next of kin shall be identified by the court or the
probation department in the offender's commitment documents before
the director is required to disclose this information.
   (b) The director or the director's designee shall, with respect to
persons committed to the Youth Authority, including persons
committed to the Department of Corrections who have been transferred
to the Youth Authority, for an offense described in subdivision (a)
of Section 676, or an offense described in Section 273.5, 288, or
646.9 of the Penal Code, inform each victim of that offense, the
victim's next of kin, or his or her representative as designated by
the victim or next of kin pursuant to Section 1767, of his or her
right to request and receive information pursuant to subdivision (a)
and Section 1767.
  SEC. 6.  Section 1767 of the Welfare and Institutions Code is
amended to read:
   1767.  (a) Upon request, written notice of any hearing to consider
the release on parole of any person under the control of the Youth
Authority for the commission of a crime or committed to the authority
as a person described in Section 602 shall be sent by the Department
of the Youth Authority at least 30 days before the hearing to any
victim of a crime committed by the person, or to the next of kin of
the victim if the victim has died or is a minor.  The requesting
party shall keep the board apprised of his or her current mailing
address.
   (b) Any one of the following persons may appear, personally or by
counsel, at the hearing:
   (1) The victim of the offense and one support person of his or her
choosing.
   (2) In the event that the victim is unable to attend the
proceeding, two support persons designated by the victim may attend
to provide information about the impact of the crime on the victim.
   (3) If the victim is no longer living, two members of the victim's
immediate family may attend.
   (4) If none of those persons appear personally at the hearing, any
one of them may submit a statement recorded on videotape for the
board's consideration at the hearing.  Those persons shall also have
the right to submit a written statement to the board at least 10 days
prior to the scheduled hearing for the board's consideration at the
hearing.
   (c) The board, in deciding whether to release the person on
parole, shall consider the statements of victims, next of kin, or
statements made on their behalf pursuant to this section and shall
include in its report a statement of whether the person would pose a
threat to public safety if released on parole.  The provisions of
this section shall not be amended by the Legislature except by
statute passed in each house by rollcall vote entered in the journal,
two-thirds of the membership concurring, or by a statute that
becomes effective only when approved by the electors.
   (d) A representative designated by the victim or the victim's next
of kin shall be either that person's legal counsel or a family or
household member of the victim, for the purposes of this section.
   (e) Support persons may only provide information about the impact
of the crime on the victim and provide physical and emotional support
to the victim or the victim's family.
   (f) Nothing in this section shall prevent the board from excluding
a victim or his or her support person or persons from a hearing.
The board may allow the presence of other support persons under
particular circumstances surrounding the proceeding.
